“We have come full circle,” wrote Justice Frankfurter, “from the point of view in the Adair case. There the railroads… successfully resisted an Act of Congress which outlawed what colloquially became known as the ‘yellow-dog contract.’ We are now asked to declare it beyond the power of Congress to authorize railroads to enter into voluntary agreements with the unions to which the overwhelming proportion of railway employees belong whereby all their workers are required to belong to such unions…”
Justice Frankfurter was writing a concurring opinion in the case of the Railway Employees Dept., AFL, v Robert L. Hanson et al. and Union Pacific Railroad Co.
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